St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-09-17
LAND ON THE LEyEE,
Judicial Controversy Between the
City and Railroad Company

- uuICidl controversy Between the
City and a Railroad Company
Notes.
The legal fight between the city and
the Milwaukee road over the right of
the latter to that portion of the leyee
where the Chicago, Milwaukee q st.
Paul freight house is, will take up the
time of Judges Wilkin and Brill for
some time to come. The argument was
commenced by the city yesterday, and
som, Auditor Kahn, Charles S. Williams
and City Clerk Tom Pendergast were
put on the stand On behalf of the city.
A big pile of deeds and records were
produced by the city, the object of this
and the testimony being to prove by
looking up the old titles of Chamblin.
Louis Robert, S. P. Folsom,
and others that at the time
the Milwaukee road selected
its right of way ON the levee, the city
had not acquired title to it; that al
though it has acquired title to it now
by prescription according to the law
pertaining to users, it had not then. and
therefore could not have given the COM
pany the right to it, for the reason that
the city could not give away what it did
not possess. Evidence for the city was
all that could be taken yesterday. The
property has been used as a leYee since
1851.
COURT NOTES
Judge Simons set aside the service of sum-
mons yesterday in the cases of the First
National Bank of st. Paul, the Etna National
bank, the Citizens National Bank of Fart
bault, the First National Bank of Mortified.
Eli b. Ames, Felix Coliett and the Citizens
Bank OF Northtield against Jesse Ames sons,
n N I4II~
not citizen at the time summons was served
upon him.
Mary Rowan, the widow of Thomas Rowan,
has sued the Minneapolis & st. Louis Rail-
way company for $4,000. She alleges that
last November Minneapolis & St Louis
engine was allowed to run over her husband
while he was at work shoveling snow from
the track in the Northern Pacific yards
John G. Cox, who keeps a saloon on Min
nesota street. charged with having been sell
ing whisky in Minneapolis without govern
ment license previous to his removal to St
Paul, was before Commissioner Cardozo yes
terday and held to the grand jury. Bail was
fixed at $500, which he furnished.
Henry Norman and Martin Bruegeman
made an agreement between themselves by
which the plaintiff was to build q party wall
between their places i'll West st. Paul, and
the defendant was to share the cost So
alleges the complaint of Norman against
Bruggeman fled yesterday.
"A petition for the appointment of George
W: Freeman, as guardian, to wind up the
affairs of George w. Flanders, was filed YES.
terday in the district court by the creditors of
Flanders. An order to show cause was &C.
cordingly issued. C. Gotzian, deceased, had
been the previous guardian.
The McAfee & Co. insolvency litigation is
opened up again by replevin suit brought
yesterday by Cowlishaw, .Nicol & Co., of
New York, against Edward Fl. Cornelius. the
assignee of McAfee q Co. Plaintiffs claim
that goods amounting to ST. ,680. 90 has been
withheld from them.
A motion by plaintiffs for new trial was
argued before Judge Kelly yesterday in the
cases OF Peter youngstown and Andrew Mill
son against the Milwaukee road. Young
strom and Nilsson want damages for being
put off the train between st. Paul and Hast
ings.
Anton Olson has commenced suit against
Nellie f. Stone, Fl. A. Stone and the j. H.
Mailer company to annul the sale of prop
erty in lot 3, block %, Arlington Hills addi-
ton: lie alleges that IL. A. Stone gave him a
mortgage for $500, which was worthless.
Suit for $500 commission. according to
agreement, on sale Of real estate made by
plaintiff for defendant was commenced yes.
terday by Maj. Hall against William johnson.
Suit was begun yesterday by Dennis RYAN
to recover of S. j. Ahern $3.50 for board
and lodging furnished his daughter at the
Hotel Ryan since December, last year.
Mrs. Barbara Faulkner has commenced an
action OF ejectment against John Faulkner
TG al. Inc lano IN controversy is in block IL,
Winslows addition.
Judge Sfmons granted divorce to Louisa
81 Clair, yesterday, from James st. Clair. on
the grounds of desertion :.
Matilda Norman, a servant girl. brings
action against c. M. Dittman ct al to collee1
wages amounting to S2O3.